Defendant shall be punished by a fine of KRW 3,000,000.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On August 11, 2020, the Defendant: (a) around 07:30 on August 11, 2020, when boarding and leaving the elevator from 10th floor of Yeongdeungpo-gu Seoul Metropolitan Government apartment building C, with the first floor, reported D with the first floor; and (b) made a public obscenity by making a self-defacing act in front of and rear the sexual instruments by hand.

2. On August 21, 2020, around 08:02, at the place specified in paragraph (1), the Defendant reported the E boarding on 7th floor from the 10th floor to the elevator and turned off from the 10th floor to the first floor, and took the sexual instruments in front, rear, and shaking, and continued to engage in self-defense repeatedly with the F when boarding on the 6th floor.

Summary of Evidence

1. Defendant’s legal statement D, E, and F investigation report (the result of inquiry of the degree of a suspect’s disability) on each police statement of the Defendant (the counsel asserts that the Defendant was in a state of mental disorder at the time of committing the crime. Although it is recognized that the Defendant had mental disorder and intellectual disability and shows symptoms of editing diseases, considering the victim’s speech and behavior before and after committing the crime, the means and method of the crime, the circumstances after committing the crime, and the degree of the suspect’s disability, etc., it is difficult to deem that the Defendant had the ability to discern things or make decisions at the time of committing the crime. Even if the Defendant was in a state of mental disorder, the punishment may not be mitigated, and it is only an element of sentencing) and the application of statutes.

1. Article 245 of the Criminal Act and Article 245 of the same Act concerning criminal facts and the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) and Articles 70(1) and 69(2) of the Criminal Act (where a suspended sentence of a fine is invalidated or revoked and a fine is not paid in full) of the Criminal Act on the Punishment, etc. of Sexual Crimes in Probation (Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the punishment, etc. of sexual assault crimes